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Medical Malpractice Compensation

Medical errors are among the leading causes of injuries and death in the United States. Patients who have suffered injury from a health care provider could be entitled to substantial compensation.

Economic damages, or special damages, cover the financial losses suffered by the victim. They cover past and future medical expenses, lost income and many more.

Economic Damages

Economic damages compensate you for any financial losses that result from your injury. This includes medical services that you have already paid for as well as future care required. You may also seek economic damages for lost wages, if your injuries make it difficult to work.

Non-economic damage is harder to quantify and less tangible. These damages may include physical pain and discomfort and a loss in quality of life or medical malpractice lawsuit emotional distress. Your lawyer can help demonstrate these losses by using expert financial analysts and witness testimony. Other evidence, such as medical records and other documentation can be utilized, as well as medical records.

The earliest known case of medical malpractice was Stratton v. Swanlond in 1374, that established the foundations of breach of duty between a physician and the patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.

A victim could be entitled to compensation for the duration of their life, which cover the period of time from the time the incident occurred up until the time of death. These damages could comprise medical malpractice law firms expenses and lost income, in addition to non-economic damages like mental distress or medical malpractice lawsuit loss of enjoyment life or disfigurement.

Other damages can be awarded in the event that a doctor misdiagnoses or performs unnecessary procedures. If the doctor's actions are particularly severe for example, when they perform unnecessary surgeries for profit or for personal sexual enjoyment, punitive damages might be awarded.

In addition to the financial awards mentioned above, a court may provide compensation for the cost of any alternative treatment that would be required if not due to the medical negligence. This could include a more conservative surgical procedure, or a different course of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As concerns over fraud-related malpractice claims increased, many states passed laws that put limitations on damages in malpractice cases. Limits on damages limit the amount of money you could receive from a judge if your claim is deemed excessive or unreasonable.

Most states limit both general and special damages. However, some states only limit non-economic damages. You will still need to be able to prove your case convincingly and with conviction to win your medical malpractice case, regardless of the amount of caps.

If you've been the victim of medical malpractice, contact us at any time to schedule an appointment for a no-cost consultation. Our knowledgeable lawyers will help you determine the merits of your case, and assist you in pursuing a fair verdict or settlement. If your case goes to trial, we'll defend your rights in court. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive the highest compensation for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can meet clients at a place that is most convenient for them.